Appellate

  • November 15, 2019

    Geico Freed From $14.4M Verdict Over Catastrophic Fla. Crash

    A Florida state appeals court has overturned a $14.4 million trial judgment over a car passenger's devastating injuries in a crash, saying Friday the case was actually resolved years before trial when Geico, the driver's insurer, accepted a $10,000 settlement offer late on the day the offer was due to expire.

  • November 15, 2019

    Calif., Allies Sue EPA Over Clean Air Act Wavier Rescission

    California and 22 other states on Friday sued the U.S. Environmental Protection Agency over its decision to rescind the Golden State's Clean Air Act waiver that allowed it to set its own greenhouse gas standards and run a zero-emissions vehicle program.

  • November 15, 2019

    Texas Justices To Weigh Reach Of Forum Choice In Deals

    The Texas Supreme Court agreed Friday to consider whether forum selection clauses are applicable to parties who weren't signees to an agreement in a dispute between former business partners.

  • November 15, 2019

    Fla. Hospital Keeps Trial Win In Patient Sex Assault Case

    A Florida appeals court on Friday affirmed a defense verdict in a suit seeking to hold a hospital liable for a patient’s sexual assault, saying the trial judge didn’t err by excluding hospital records regarding past sexual assault incidents.

  • November 15, 2019

    Exception To Attys' Fee Rule Misapplied, Fla. Court Says

    A Florida state appeals court ruled Friday that a lower court erred when it applied an exception to a general rule against awarding attorneys' fees incurred litigating the amount of a fees award and made such an award to a homeowner who prevailed in a mortgage foreclosure suit.

  • November 15, 2019

    Kansas Top Court Revives Suit Over Attorney's Elder Abuse

    The Kansas Supreme Court on Friday ordered a new trial in a suit claiming that a wealth management company allowed one of its employees, a now-disbarred attorney, to commit elder abuse, saying the trial court issued improper jury instructions.

  • November 15, 2019

    Cisco Asks Justices To Kill Its $24M Patent Loss Under Alice

    Cisco Systems petitioned the U.S. Supreme Court to review a split Federal Circuit decision upholding the validity of two cybersecurity patents it was found to infringe, saying it flouts the high court's Alice ruling and "will breed confusion" if left to stand.

  • November 15, 2019

    Oregon Court Blocks State Ban On Flavored Cannabis Vapes

    An Oregon appeals court blocked the state's temporary ban on flavored cannabis vaping products, about a month after it took similar action on a ban on flavored nicotine vaping products.

  • November 15, 2019

    Bank Group's Bankruptcy Estate Gets Refund, Justices Told

    State agency law, not federal case law, applies in awarding a $4.1 million tax refund to the bankruptcy estate of a banking group rather than to its defunct subsidiary, the bankruptcy trustee has told the U.S. Supreme Court.

  • November 15, 2019

    Appeals Court Won't Revive Chicago Cops' Benefits Suit

    Chicago police officers have struck out on their argument that the city owes them higher disability payments, with an Illinois appeals court ruling a lower court correctly dismissed their proposed class action against a city benefit fund.

  • November 15, 2019

    Fed. Circ. Says DOD Can’t Deny $253M Northrop Cost Claim

    The Federal Circuit ruled Friday that the Defense Contract Management Agency can't deny Northrop Grumman Corp.’s claim for $253.4 million in retiree benefit costs after the company switched cost accounting methods because Northrop more than offset the difference through a benefit contribution cap.         

  • November 15, 2019

    How New Justice Blazed Trail From Miss. To Del.'s Top Court

    Newly confirmed Delaware Supreme Court Justice Tamika Montgomery-Reeves took a roundabout path from her Mississippi birthplace to a spot as the first African American on the First State's highest bench, coming to the court from a life deep in the law, but without the often native local and northeastern ties of her colleagues.

  • November 15, 2019

    Fed. Circ. Says Judge Wrongly Axed Data Patent As Abstract

    The Federal Circuit on Friday reversed a lower court’s decision that claims in a data transmission patent belonging to Dutch telecommunications company Koninklijke KPN are invalid, saying the patent does not cover an abstract idea.

  • November 15, 2019

    Texas Justices Will Hear Bid To Pare Down $3.4M Injury Award

    A nursing facility in San Antonio will have a chance to convince the Texas Supreme Court that a $3.4 million medical malpractice judgment against it, already reduced from a jury’s $13.9 million award, should be lowered again because the trial court used the wrong formula to calculate how settlement credits should apply.

  • November 15, 2019

    Massachusetts Supreme Court Keeps Vape Ban In Place

    The Massachusetts Supreme Judicial Court on Thursday upheld a pair of lower court rulings that said the governor overstepped his authority in rolling out a ban on the sale of vaping products, but left the controversial measure in place as the legal fight continues.

  • November 15, 2019

    MVP: Jones Day's Shay Dvoretzky

    Shay Dvoretzky of Jones Day's appellate practice led Merck in persuading the Supreme Court to reverse a decision over drug warning labels and won a legal victory that limited the potential liability for government contractors facing asbestos cases, earning him a spot as one of Law360's 2019 Appellate MVPs.

  • November 15, 2019

    Trump Asks Justices To Halt Business Records Subpoena

    President Donald Trump asked the U.S. Supreme Court on Friday to pause the enforcement of a subpoena by the House Oversight and Reform Committee seeking eight years of his business records from his longtime accounting firm, according to his attorney.

  • November 15, 2019

    High Court To Hear Google-Oracle Smartphone War

    The U.S. Supreme Court agreed Friday to tackle a yearslong copyright battle between Google and Oracle over smartphone software, setting the stage for a potential landmark decision on intellectual property.

  • November 15, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Libya's sovereign wealth fund sue Credit Suisse amid a long-running bribery battle, retailer Sports Direct take on its former accountant Grant Thornton, and a host of underwriters file claims against a shipowner and its bank a month after winning a case over a fake pirate attack. Here, Law360 looks at those and other new claims in the U.K.

  • November 14, 2019

    Kavanaugh Cracks Jokes, Thanks Allies In First Major Speech

    U.S. Supreme Court Justice Brett Kavanaugh struck a humorous and, at times, emotional tone in his first major public remarks Thursday since last year's bruising confirmation, cracking jokes about Matt Damon's "Saturday Night Live" parody of him while thanking his allies in a speech to the Federalist Society.

  • November 14, 2019

    Insurers Needn't Disclose Interest Charges, Calif. Justices Say

    The California Supreme Court handed Northwestern Mutual Life Insurance Co. a win Thursday in a proposed consumer class action challenging the company's practice of charging compound interest on policy loans, ruling that insurers are exempt from disclosing such charges under state law.

  • November 14, 2019

    Tribes Have Priority Over Water Rights, Fed. Circ. Says

    The Federal Circuit on Thursday ruled against a coalition of southern Oregon and Northern California farmers who argued they weren’t properly compensated when the federal government declined to release water to them, saying tribal water rights were first in line.

  • November 14, 2019

    Patent Owners Bear The Brunt Of 1-Line Orders, Justices Told

    The Federal Circuit disproportionately issues summary affirmances to patent owners appealing Patent Trial and Appeal Board decisions, while giving appealing petitioners more reasoned opinions, an iPod dock maker has told the U.S. Supreme Court.

  • November 14, 2019

    8th Circ. Stands By Keeping Gas Royalties Out Of Tribal Court

    The Tenth Circuit has rebuffed a request by Three Affiliated Tribes court officials that it rethink a ruling that tribe members' suits seeking royalties for the flaring of natural gas on reservation lands can’t be heard in tribal court, despite the officials’ claims the decision flouted U.S. Supreme Court precedent and trampled on tribal court authority.

  • November 14, 2019

    9th Circ. Judge Calls DOJ's Appeal In FCA Suit 'A Mistake'

    A Ninth Circuit judge on Thursday criticized the U.S. Justice Department's efforts to end a whistleblower's False Claims Act suit against Academy Mortgage Corp., saying the DOJ "probably made a mistake" by seeking the interlocutory appeal and should have instead tried to satisfy the district court's concerns about dismissal.

Expert Analysis

  • Opinion

    ADA Braille Gift Card Claims Shouldn't Gain Traction In NY

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    A recent wave of consumer class claims that challenge the visual accessibility of gift cards under the Americans with Disabilities Act in New York federal courts are facially deficient and should be susceptible to early dismissal, say attorneys at Akin Gump.

  • Justices' Maui Ruling Could Change Groundwater Permitting

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    Oral arguments at the U.S. Supreme Court in County of Maui v. Hawaii Wildlife Fund raise the possibility that the national permitting system for discharging wastewater into the ground will need to be retrofitted, says Marcia Greenblatt of Integral Consulting.

  • How Increased Stays Pending IPR May Affect Venue Choice

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    A little over one year after the U.S. Supreme Court’s decision in SAS Institute v. Iancu, data show a 5% increase in district court-granted stays of litigation pending inter partes review, and the grant rate disparities may influence new patent filings toward certain venues and defendants facing patent infringement claims toward others, say attorneys at Armond Wilson.

  • Comcast Bias Suit A Bad Way To Make Law, Arguments Show

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    Oral arguments before the U.S. Supreme Court in Comcast v. National Association of African American-Owned Media highlighted the case's flaws, including that it concerns the dismissal of a complaint that omitted a key fact and was tainted by dubious insinuations, says R. Scott Oswald of The Employment Law Group.

  • 7th Circ. Rulings Clarify ADA Obesity Standard For Employers

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    While the Seventh Circuit’s recent Americans with Disabilities Act decisions in Richardson v. Chicago Transit Authority and Shell v. BNSF Railway make clear employers may consider weight when evaluating a worker’s fitness for a position, they don't provide free rein to make hiring decisions based on obesity, say Jennifer Froehlich and Andrew Fiske at Holland & Knight.

  • 4 Months After Kisor V. Wilkie, Auer Deference Survives

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    Recent federal appellate and district court rulings suggest that the predicted radical curtailing of Auer deference in the wake of the U.S. Supreme Court's decision in Kisor v. Wilkie has not come to fruition, say Jeffrey Karp and Edward Mahaffey at Sullivan & Worcester.

  • Fed. Circ.’s Arthrex Ruling: Unforeseen Consequences For IPR

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    The critical and fundamental problem with the Federal Circuit's constitutional remedy for Patent Trial and Appeal Board judicial appointments in Arthrex v. Smith & Nephew is that making administrative patent judges removable at will renders them unable to preside over inter partes review proceedings consistent with the Administrative Procedure Act, say attorneys at Sterne Kessler.

  • How Food Label Class Actions Fare In Calif. Vs. NY

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    While food marketing class actions have declined in California and increased in New York over the past few years, an examination of Ninth and Second Circuit case law shows why New York appears to be a less favorable forum for food plaintiffs overall, say attorneys at FaegreBD.

  • Opinion

    Proposal To Reform NY Court System Is Not Affordable

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    New York Chief Judge Janet DiFiore's proposed reform of the state's courts is flawed because it will dramatically increase judges' salaries and retirement benefits even though New York already has the most expensive court system per capita in the United States, says Michael Friedman, former president of the Albany County Bar Association.

  • FERC Orders Advance Grid Operators' Energy Storage Plans

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    The Federal Energy Regulatory Commission recently approved two regional transmission organizations' energy storage proposals. But full integration of storage resources into the wholesale market will be complex — and ongoing litigation could force FERC to change its approach, say attorneys at Greenberg Traurig.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • A Possible USPTO Solution To PTAB Constitutionality Ruling

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    While courts continue to debate whether the Federal Circuit's remedy in Arthrex v. Smith & Nephew is sufficient to save the constitutionality of the Patent Trial and Appeal Board, perhaps it is time for the U.S. Patent and Trademark Office to remove its self-imposed limits on precedential opinion panel rehearings, say James Carmichael and Stephen Schreiner of Carmichael IP.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Justices Seek Balance In Clean Water Act Case Arguments

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    In last week’s U.S. Supreme Court oral arguments in County of Maui v. Hawaii Wildlife Fund, justices searched for a standard for controlling indirect discharges to navigable waters that could prevent evasion of water quality protections without significantly expanding federal permitting requirements, say Ashley Peck and Alison Hunter of Holland & Hart.

  • Bid Protest Spotlight: Jurisdiction, Standing, GAO Limits

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    In this month's bid protest roundup, Victoria Angle and Roke Iko at Morrison & Foerster look at three October decisions: The U.S. Court of Federal Claims considered its jurisdiction, the Federal Circuit looked at standing, and the U.S. Government Accountability Office clarified its scope of review over AbilityOne procurement protests.